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Open Wisconsin Sports Betting!

Frequently Asked Questions

Under current law, it is a Class B misdemeanor to make a bet. This new legislation excludes from the definition of “bet” an event or sports wager made by a person physically located in this state using a mobile or other electronic device if the server or other device used to conduct such event or sports wager is physically located on a federally recognized American Indian tribe’s Indian lands and if the event or sports wager is conducted pursuant to a compact between a tribe and this state under the federal Indian Gaming Regulatory Act.

It is estimated that hundreds of millions are spent every year on illegal online gaming by Wisconsin residents. This includes various online enterprises such as daily fantasy plus, future markets, sweepstake based online gaming, and others. The entities offering these products are located outside of Wisconsin – and in some cases outside of the United States – which means that the state sees no financial benefit from their operation despite being heavily used by Wisconsin residents. In addition, consumers have little to no legal protection when using these illegal operations which leaves them open to fraud and other consumer harm.

By allowing a legal framework for mobile sports wagering through Wisconsin’s tribes, the state will see increased revenue through the state gaming compacts and consumers will have the legal protection needed to ensure that they receive fair play.

In 2021 Governor Ron DeSantis signed a gaming compact with the Seminole Tribe of Florida utilizing the Hub-and-Spoke model to allow mobile sports wagering in the State. The Hub-and-Spoke model deems wagers made on mobile devices (spokes) to be happening where the servers (hubs) processing the wagers are located. This Hub-and-Spoke model is a legal framework other states have used to allow mobile gaming. Florida was the first state to apply the Hub-and-Spoke model for a tribe to offer mobile sports wagering statewide.

While the Hub-and-Spoke model provides a pathway for a tribe to offer mobile sports wagering off Indian lands, the individuals using their mobile devices are at risk of violating a Wisconsin law that says it is a Class B misdemeanor to make a bet. Consequently, to ensure individuals placing a sports wager under the Hub-and Spoke-model are not violating Wisconsin statutes the Legislature would need to amend the definition of “bet” under section 945.01 (1) of the Wisconsin Statutes to exclude mobile sports wagering under the Hub-and-Spoke model from the general prohibitions on gambling. Wisconsin already has eight (8) exceptions to the definition of a “bet”, including for the lottery and dog track betting.

Yes. Wisconsin must update the state law and amend the definition of “bet” to legally allow mobile sports wagering in the state. Commercial operators, like FanDuel or DraftKings, cannot work with Wisconsin tribes on mobile sports wagering without this legislative change.

Wisconsin residents are already spending hundreds of millions every year on illegal online gambling. Providing a framework for this product to operate in the state will provide more protection to consumers to ensure fair play and more abilities to restrict individuals with problem gambling.